Trustee reporting requirement.

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  • (1) As used in this section:
    • (a) "Appointed board of trustees" means a board of trustees of a local district that includes a member who is appointed to the board of trustees in accordance with Section 17B-1-304, Subsection 17B-1-303(5), Subsection 17B-1-306(5)(h), or any of the applicable provisions in Title 17B, Chapter 2a, Provisions Applicable to Different Types of Local Districts.
    • (b) "Legislative entity" means:
      • (i) the member's appointing authority, if the appointing authority is a legislative body; or
      • (ii) the member's nominating entity, if the appointing authority is not a legislative body.
    • (c)
      • (i) "Member" means an individual who is appointed to a board of trustees for a local district in accordance with Section 17B-1-304, Subsection 17B-1-303(5), Subsection 17B-1-306(5)(h), or any of the applicable provisions in Title 17B, Chapter 2a, Provisions Applicable to Different Types of Local Districts.
      • (ii) "Member" includes a member of the board of trustees who holds an elected position with a municipality, county, or another local district that is partially or completely included within the boundaries of the local district.
    • (d) "Nominating entity" means the legislative body that submits nominees for appointment to the board of trustees to an appointing authority.
    • (e) "Property tax increase" means a property tax levy that exceeds the certified tax rate for the taxable year.
  • (2)
    • (a) If a local district board of trustees adopts a tentative budget that includes a property tax increase, each member shall report to the member's legislative entity on the property tax increase.
    • (b)
      • (i) The local district shall request that each of the legislative entities that appoint or nominate a member to the local district's board of trustees hear the report required by Subsection (2)(a) at a public meeting of each legislative entity.
      • (ii) The request to make a report may be made by:
        • (A) the member appointed or nominated by the legislative entity; or
        • (B) another member of the board of trustees.
    • (c) The member appointed or nominated by the legislative entity shall make the report required by Subsection (2)(a) at a public meeting that:
      • (i) complies with Title 52, Chapter 4, Open and Public Meetings Act;
      • (ii) includes the report as a separate agenda item; and
      • (iii) is held within 40 days after the day on which the legislative entity receives a request to hear the report.
    • (d)
      • (i) If the legislative entity does not have a scheduled meeting within 40 days after the day on which the legislative entity receives a request to hear the report required by Subsection (2)(a), the legislative entity shall schedule a meeting for that purpose.
      • (ii) If the legislative entity fails to hear the report at a public meeting that meets the criteria described in Subsection (2)(c), the trustee reporting requirements under this section shall be considered satisfied.
  • (3)
    • (a) A report on a property tax increase at a legislative entity's public meeting shall include:
      • (i) a statement that the local district intends to levy a property tax at a rate that exceeds the certified tax rate for the taxable year;
      • (ii) the dollar amount of and purpose for additional ad valorem tax revenue that would be generated by the proposed increase in the certified tax rate;
      • (iii) the approximate percentage increase in ad valorem tax revenue for the local district based on the proposed property tax increase; and
      • (iv) any other information requested by the legislative entity.
    • (b) The legislative entity shall allow time during the meeting for comment from the legislative entity and members of the public on the property tax increase.
  • (4)
    • (a) If more than one member is appointed to the board of trustees by the same legislative entity, a majority of the members appointed or nominated by the legislative entity shall be present to provide the report required by Subsection (2) and described in Subsection (3).
    • (b) The chair of the board of trustees shall appoint another member of the board of trustees to provide the report described in Subsection (3) to the legislative entity if:
      • (i) the member appointed or nominated by the legislative entity is unable or unwilling to provide the report at a public meeting that meets the requirements of Subsection (3)(a); and
      • (ii) the absence of the member appointed or nominated by the legislative entity results in:
        • (A) no member who was appointed or nominated by the legislative entity being present to provide the report; or
        • (B) an inability to comply with Subsection (4)(a).
  • (5) A local district board of trustees may approve a property tax increase only after the conditions of this section have been satisfied or considered satisfied for each member of the board of trustees.




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